Return to work programs and compliance with FMLA, WC and the ADA are very, very complicated issues. that cannot be adequately answered in this type of forum. Each statute is independent of each other and must be complied with, yet they are seemingly co-dependent. I highly suggest that you read a recent press release posted by the EEOC (http://www.eeoc.gov/eeoc/newsroom/release/9-29-09.cfm) and summarized in the Workers Compensation Gazette posted 10/05/2009 (http://workerscompgazette.com/6-2-million-reasons-to-implement-a-proactive-workers-compensation-return-to-work-program/). In that case, the maintained an inflexible workers' compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA. You suggest that you contact the EEOC.